Protective Proceedings

ORS 125.425
Powers of conservator to pay expenses of protected person and dependents


(1)

A conservator may expend or distribute income or principal of the estate without prior court authorization or confirmation for the support, education, care or benefit of the protected person and the dependents of the protected person after the conservator considers recommendations relating to the appropriate standard of support, education, care and benefit for the protected person made by any parent or guardian of the protected person. The conservator is not personally responsible for sums paid to persons or organizations furnishing support, education, care or benefit to the protected person pursuant to the recommendations of a parent or guardian of the protected person unless:

(a)

The conservator knows that the parent or guardian is deriving personal financial benefit from those payments; or

(b)

The recommendations made by the parent or guardian clearly are not in the best interests of the protected person.

(2)

A conservator may expend or distribute income or principal of the estate without prior court authorization or confirmation for the support, education, care or benefit of the protected person and the dependents of the protected person if those amounts are reasonably necessary for the support, education, care or benefit of the protected person with due regard to:

(a)

The size of the estate, the probable duration of the conservatorship and the likelihood that the protected person, at some future time, may be fully able to manage the affairs of the protected person and the estate that has been conserved for the protected person;

(b)

The accustomed standard of living of the protected person and members of the household of the protected person; and

(c)

Other funds or sources used for the support of the protected person.

(3)

A conservator may expend or distribute income or principal of the estate without prior court authorization or confirmation for the support, education, care or benefit of the dependents of the protected person, other persons who are members of the protected person’s household who are unable to support themselves and who are in need of support, and any other persons who were receiving support from the protected person before the appointment of the conservator.

(4)

The conservator may reimburse any person, including the protected person, who has expended funds for the purposes specified in this section. The conservator may pay any person in advance for those purposes if the conservator reasonably believes that the services will be performed and where advance payments are customary or reasonably necessary under the circumstances. [1995 c.664 §39]

Notes of Decisions

Under Former Similar Statute (Ors 126.313)

Conservator is not required to separate joint account with right of survivorship owned by protected person and another person because of mere possibility that other person may misuse authority. Elardo v. Carr, 118 Or App 407, 847 P2d 892 (1993)


Source

Last accessed
Jun. 26, 2021